Civil appeal
Entities authorized to submit an appeal
The parties entitled to appeal are primarily the parties to the proceedings, and in the case of co-participation in the proceedings - also each of the co-participants individually. However, a co-participant in the dispute is not entitled to lodge an appeal against the other co-participant acting on the same side of the proceedings, even if the court's decision relating to the other co-participant affected his rights or obligations.
Appellate cases
An appeal may be filed against a judgment in a trial and a decision on the merits of the case issued in non-contentious (uncontested) proceedings.
Grounds for filing an appeal
An appeal may be based on the following grounds: violation of substantive law through incorrect interpretation or improper application ...
Formal requirements for an appeal
The appeal should meet the requirements for a pleading and also contain...
Response to the appeal
After serving the appeal on the opposing party, the court of first instance shall immediately present the case files to the court of second instance.
Court fees for appeals
The fee must be paid when submitting a fee-paying document to the court. The entire fee is charged for the claim and counterclaim and the application to initiate non-litigious proceedings or their independent part, unless a specific provision provides otherwise. The provisions of the Act providing for the collection of a fee for a claim or application initiating proceedings in the case also apply to the fee for an appeal.
Appeal hearing
The case is heard by a panel of three professional judges. Decisions regarding evidentiary proceedings in closed session are made by a court composed of one judge.
Invalidity of appeal proceedings
The list of grounds for invalidity is closed and includes only absolute procedural grounds. Meanwhile, standing is a positive jurisdictional condition, subject to assessment on the basis of substantive law provisions, so its possible lack results in the dismissal of the claim, not the rejection of the claim.
New circumstances
The court of second instance may omit new facts and evidence if the party could have relied on them in the proceedings before the court of first instance, unless the need to rely on them arose later.
Resolutions
The court of second instance hears the case within the limits of the appeal; within the limits of the appeal, however, it takes into account the invalidity of the proceedings ex officio.
Appeal rejected
The court of first instance will reject, at a closed session, an appeal filed after the expiry of the prescribed deadline, unpaid or inadmissible for other reasons, as well as an appeal whose deficiencies were not remedied by the party within the prescribed deadline.
Suspension of execution of the judgment
In the event of a cassation appeal being filed, if irreparable damage could be caused to a party as a result of the execution of the judgment, the court of second instance may suspend the execution of the contested judgment until the cassation proceedings are completed or make the execution of this judgment - and in the event of dismissal of the appeal also of the judgment of the first instance court - conditional on the submission by the the plaintiff appropriate security. The decision may be issued at a closed session.
Legal issue in appeal
If, when examining an appeal, a legal issue that raises serious doubts arises, the court may refer the issue to the Supreme Court for resolution, postponing the consideration of the case. The Supreme Court has the power to take over the case for consideration or refer the issue to an enlarged panel of this Court for resolution.
Unsettled matters in appeal
If there are no specific provisions on proceedings before the second-instance court, the provisions on proceedings before the first-instance court shall apply accordingly.